"To date we have not fixed, then charged, anyone,"
Alabaster City Manager George Henry said in an e-mail today. "We have fixed a
few that are clearly utility-related, which was the original intent in the
ordinance. We also continue to ask everyone to not drive on them" because "this
is typically what damages sidewalks."

The council during the July 1 meeting when it passed the
ordinance noted that state law already has the requirement for homeowners to be
the responsible party for fixing sidewalks in front of their residences. The
new city law allows the municipality to recoup costs from property owners.

"What this does is allows us as a city a mechanism
to make this happen," Councilman Russell Bedsole said during the meeting.

Henry said his recollection of the ordinance's intent "was
to create a mechanism to repair damaged sidewalks (non-utility related) and
receive reimbursement thereof and mitigate risk."

"The state code already states it is the responsibility
of the property owner and yet there can be liability" to the right-of-way owner
"should someone be injured," Henry said.

Under the ordinance, the city will issue a notice to a
homeowner of any sidewalk that is "in disrepair, broken or obstructed by
roots, rocks or structures." The notice will instruct the homeowner to repair
the damage within 30 days.

"The public works department shall estimate the cost
of repair to the Owner should the City be required to repair the sidewalk for
failure of the Owner to repair the sidewalk within the time set forth in the
Notice to Repair," the ordinance states.

If the city completes the work, it will issue the
homeowner a notice of assessment containing the costs of the work. The council
will hold a public hearing on the assessment notice. The council will listen to
reasons the homeowners may have for the cause of the damage, such as a tree's
root system.

"The City Council, after public hearing, and after
consideration of the facts and circumstances presented at the public hearing,
including the causes of damage if same can be determined, may assess all the
actual costs, together with interest against the property," according to
the ordinance.